| ACP 165 W. End Ave. Assoc. v Leeds, Michael A. |
| Motion No: 570763/09 |
| Slip Opinion No: 2009 NY Slip Op 88860(U) |
| Decided on November 19, 2009 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
November 19, 2009
ACP 165 W. End Ave. Assoc. v Leeds, Michael A.
It is Ordered that the appellant's motion for a stay of the eviction and the fair market use and occupancy hearing is granted on condition that the appellant : 1- on or before December 1, 2009, deposits the arrears outstanding [ $ 7, 142.48 ] with the Clerk of the Civil Court; 2- continues to pay for accruing use and occupancy on each subsequent rental due date, at the rate previously payable as rent; and 3- perfects the appeal by the March 2010 term - the filing deadline is January 5, 2010. In the event of appellant's failure to comply with the foregoing condition, the landlord may move on five days notice for an order vacating the stay.
By: McKeon, P.J., Heitler, Shulman, J.J.
Motion No. 570763/09